{ "id": "R44570", "type": "CRS Report", "typeId": "R", "number": "R44570", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "U.S. Restrictions on Relations with Burma", "retrieved": "2021-02-14T04:04:04.848111", "id": "R44570_10_2021-01-12", "formats": [ { "filename": "files/2021-01-12_R44570_fe75f96ef32db58be8afb3dfea92a74ffbdca9d0.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/R/R44570/10", "sha1": "fe75f96ef32db58be8afb3dfea92a74ffbdca9d0" }, { "format": "HTML", "filename": "files/2021-01-12_R44570_fe75f96ef32db58be8afb3dfea92a74ffbdca9d0.html" } ], "date": "2021-01-12", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "R", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=R44570", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 620337, "date": "2020-03-18", "retrieved": "2020-03-19T22:15:33.909774", "title": "U.S. Restrictions on Relations with Burma", "summary": "Major changes in Burma\u2019s political situation since 2016 have raised questions among some Members of Congress concerning the appropriateness of U.S. policy toward Burma (Myanmar) in general, and the current restrictions on relations with Burma in particular. During the time Burma was under military rule (1962\u20132011), restrictions were placed on bilateral relations in an attempt to encourage the Burmese military, or Tatmadaw, to permit the restoration of democracy. \nIn November 2015, Burma held nationwide parliamentary elections from which Aung San Suu Kyi\u2019s National League for Democracy (NLD) emerged as the party with an absolute majority in both chambers of Burma\u2019s parliament. The new government subsequently appointed Aung San Suu Kyi to the newly created position of State Counselor, as well as Foreign Minister. While the NLD controls the parliament and the executive branch, the Tatmadaw continues to exercise significant power under provisions of Burma\u2019s 2008 constitution, impeding potential progress towards the re-establishment of a democratically-elected civilian government in Burma. \nOn October 7, 2016, after consultation with Aung San Suu Kyi, former President Obama revoked several executive orders pertaining to sanctions on Burma, and waived restrictions required by Section 5(b) of the Tom Lantos Block Burmese JADE (Junta Anti-Democratic Efforts) Act of 2008 (P.L. 110-286), removing most of the economic restrictions on relations with Burma. On December 2, 2016, he issued Presidential Determination 2017-04, ending some restrictions on U.S. assistance to Burma. Various noneconomic restrictions remain in effect, including bans on providing visas to certain Burmese nationals and other restrictions on U.S. assistance to Burma. Some of these restrictions have been authorized as provisions in the Further Consolidated Appropriations Act, 2020. Burma is also subject to some restrictions because of its noncompliance on certain global issues, such the use of child soldiers and insufficient efforts to combat human trafficking. \nCertain events since 2016 have led some Members of Congress to call for the reinstatement of some of the waived sanctions and/or the imposition of new restrictions on relations with Burma. One of the more prominent events was the \u201cclearance operation\u201d in northern Rakhine State in late 2017, during which Burma\u2019s security forces allegedly committed serious human rights abuses against the Rohingya, a predominately Sunni Muslim minority group. A U.N. fact-finding mission and other investigations say the security force\u2019s actions may constitute genocide, crimes against humanity, and/or war crimes. The Trump Administration has imposed visa and financial sanctions against nine Tatmadaw officers and two Burmese military units involved in the \u201cclearance operation\u201d; some Members of Congress seek additional restrictions on U.S. relations with Burma. Burma\u2019s security forces have also been accused of committing crimes against humanity and war crimes as part of its low-grade civil war with ethnic armed organizations (EAOs) in various parts of Burma. \nCongress may have various opportunities to weigh in on U.S. policy toward Burma, including what restrictions, if any, to include in such a policy. During the 116th Congress, two bills have been introduced\u2014the Burma Unified through Rigorous Military Accountability Act of 2018 (H.R. 3190; the BURMA Act of 2019) and the Burma Human Rights and Freedom Act of 2018 (S. 1186)\u2014that would reformulate U.S. policy and the restrictions on bilateral relations. The Allowing for the Safe Return of Rohingyas to Burma Act of 2019 (H.R. 4392), if enacted, would withdraw Burma\u2019s eligibility under the Generalized Systems of Preferences (GSP) program. In addition, Congress could continue the past practice of including restrictions in the National Defense Authorization Act (NDAA) or appropriations legislation. Congress may also consider whether to reexamine existing sanctions laws on Burma in light of recent developments, to determine whether to amend, modify, replace, and/or repeal provisions in those laws.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R44570", "sha1": "3f8581ed6227dd12431283b61fced29e3be62357", "filename": "files/20200318_R44570_3f8581ed6227dd12431283b61fced29e3be62357.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R44570", "sha1": "f9affff9c982cf79604020f78f734ab8841531f6", "filename": "files/20200318_R44570_f9affff9c982cf79604020f78f734ab8841531f6.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4931, "name": "South & Southeast Asia" } ] }, { "source": "EveryCRSReport.com", "id": 587748, "date": "2018-11-13", "retrieved": "2019-12-20T20:39:07.719920", "title": "U.S. Restrictions on Relations with Burma", "summary": "Major changes in Burma\u2019s political situation since 2016 have raised questions among some Members of Congress concerning the appropriateness of U.S. policy in Burma in general, and the current restrictions on relations with Burma (Myanmar) in particular. During the 115th Congress, two bills were introduced\u2014the Burma Unified through Rigorous Military Accountability Act of 2018 (H.R. 5819; the BURMA Act of 2018) and the Burma Human Rights and Freedom Act of 2018 (S. 2060)\u2014that would reformulate U.S. policy and the restrictions on bilateral relations.\nIn November 2015, Burma held nationwide parliamentary elections from which Aung San Suu Kyi\u2019s National League for Democracy (NLD) emerged as the party with an absolute majority in both chambers of Burma\u2019s Union Parliament. The new government subsequently appointed Aung San Suu Kyi to the newly created position of State Counselor, as well as Foreign Minister. While the NLD controls the Union Parliament and the executive branch, the Burmese military, also known as the Tatmadaw, continues to exercise significant power under provisions of Burma\u2019s 2008 constitution. For example, 25% of the seats in both chambers of the Union Parliament are military officers appointed by the Tatmadaw\u2019s Commander in Chief Senior General Min Aung Hlaing, creating a voting bloc that can prevent any changes in the constitution. \nOn October 7, 2016, former President Obama revoked several executive orders pertaining to sanctions on Burma, and waived restrictions required by Section 5(b) of the Tom Lantos Block Burmese JADE (Junta Anti-Democratic Efforts) Act of 2008 (P.L. 110-286), removing most of the economic restrictions on relations with Burma. On December 2, 2016, he issued Presidential Determination 2017-04, ending restrictions on U.S. assistance to Burma as provided by Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997. Various noneconomic restrictions, however, remain in effect, including bans on providing visas to certain Burmese nationals and other restrictions on U.S. assistance to Burma. \nCertain events since 2016, however, have led some Members of Congress to call for the reinstatement of some of the waived sanctions and/or the imposition of new restrictions on relations with Burma. One of the more prominent events was the \u201cclearance operation\u201d in northern Rakhine State in late 2017, during which Burma\u2019s security forces allegedly committed serious human rights abuses against the Rohingya. A U.N. fact-finding mission (and other investigations) say the security force\u2019s actions may constitute genocide, crimes against humanity, and/or war crimes. Burma\u2019s security forces have also been accused of committing crimes against humanity and war crimes against civilians in Kachin and Shan State between 2011 and 2018 as part of its ongoing conflict with various ethnic armed organizations (EAOs). \nCongress will have various opportunities to weigh in on U.S. policy toward Burma, including what restrictions, if any, to include in such a policy. In recent years, Congress has restricted foreign assistance to Burma in annual appropriations acts, such as the Consolidated Appropriations Act, 2018 (P.L. 115-141). In addition, Congress may consider whether to reexamine existing sanctions laws on Burma in light of recent developments, to determine if it is time to amend, modify, replace, and/or repeal provisions in those laws.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R44570", "sha1": "47238b6dd32612063060439bf331c67443aa6676", "filename": "files/20181113_R44570_47238b6dd32612063060439bf331c67443aa6676.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R44570", "sha1": "90002162d6b8889b0c76ff6580797fb3d27fd45b", "filename": "files/20181113_R44570_90002162d6b8889b0c76ff6580797fb3d27fd45b.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4931, "name": "South & Southeast Asia" } ] }, { "source": "EveryCRSReport.com", "id": 586566, "date": "2017-05-22", "retrieved": "2018-10-26T13:23:26.015754", "title": "U.S. Restrictions on Relations with Burma", "summary": "Major changes in Burma\u2019s political situation since 2008 have raised issues for Congress concerning the appropriateness of U.S. restrictions on relations with Burma (Myanmar). These issues include whether Congress should reexamine U.S. policy toward Burma in general, what criteria are appropriate for analyzing the current situation in Burma, and whether it should make adjustments to current U.S. restrictions on relations with Burma. \nOn October 7, 2016, former President Obama revoked several executive orders pertaining to sanctions on Burma, and waived restrictions required by Section 5(b) of the Tom Lantos Block Burmese JADE (Junta Anti-Democratic Efforts) Act of 2008 (P.L. 110-286), removing most of the economic restrictions on relations with Burma. On December 2, 2016, he issued Presidential Determination 2017-04, ending restrictions on U.S. assistance to Burma as provided by Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997. Various noneconomic restrictions, however, remain in effect, including bans on providing visas to certain Burmese nationals and other restrictions on U.S. assistance to Burma. \nBetween 1989 and 2008, Congress passed several laws placing political and economic sanctions on Burma\u2019s military junta as part of a policy to identify individuals responsible for repression in Burma and hold them accountable for their actions, foster the reestablishment of a democratically elected civilian government, and promote the protection of human rights. In 2011, Burma\u2019s military junta, known as the State Peace and Development Council (SPDC), transferred power to a mixed civilian/military government led by ex-SPDC Prime Minister General Thein Sein. Over the next five years, Congress and the Obama Administration waived or ended some of the sanctions on Burma, in part in response to reforms undertaken by the Thein Sein government. \nIn November 2015, Burma held nationwide parliamentary elections from which Aung San Suu Kyi\u2019s National League for Democracy (NLD) emerged as the party with an absolute majority in both chambers of Burma\u2019s Union Parliament. The NLD-led Union Parliament chose Htin Kyaw, a long-standing NLD member and close friend of Aung San Suu Kyi, as President. The new government subsequently appointed Aung San Suu Kyi to the newly created position of State Counselor, as well as Foreign Minister. \nWhile the NLD controls the Union Parliament and the executive branch, the Burmese military, also known as the Tatmadaw, continues to exercise significant power under provisions of Burma\u2019s 2008 constitution. For example, 25% of the seats in both chambers of the Union Parliament are military officers appointed by the Tatmadaw\u2019s Commander in Chief Senior General Min Aung Hlaing, creating a voting bloc that can prevent any changes in the constitution. In addition, the Tatmadaw is engaged in fighting with several ethnic armed organizations (EAOs) in a continuation of a nearly six-decade-old low-grade civil war, as well as allegedly engaging in serious human rights abuses in Rakhine State against Rohingya in response to an October 2016 attack on Tatmadaw posts along the Bangladesh border. As such, it is uncertain that the NLD-led government will have the ability to address its top priorities\u2014national reconciliation and peace; further democratic reforms; respect for human rights; and greater prosperity for the Burmese people. \nCongress will have various opportunities to weigh in on U.S. policy toward Burma, including what restrictions, if any, to include in such a policy. In recent years, Congress has restricted foreign assistance to Burma in annual appropriations acts, such as the Consolidated Appropriations Act, 2017 (P.L. 115-31). In addition, Congress may consider whether to reexamine existing sanction laws on Burma in light of recent developments, to determine if it is time to amend, modify, replace, and/or repeal provisions in those laws.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44570", "sha1": "d7eca4be22a3081255ac5cec9dadf6db1f696b25", "filename": "files/20170522_R44570_d7eca4be22a3081255ac5cec9dadf6db1f696b25.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44570", "sha1": "bdf70229044f1190c354d6912e942c142bfa2602", "filename": "files/20170522_R44570_bdf70229044f1190c354d6912e942c142bfa2602.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4931, "name": "South & Southeast Asia" } ] }, { "source": "EveryCRSReport.com", "id": 458941, "date": "2017-02-07", "retrieved": "2017-02-15T21:42:08.674828", "title": "U.S. Restrictions on Relations with Burma", "summary": "Major changes in Burma\u2019s political situation since 2008 have raised issues for Congress concerning the appropriateness of U.S. restrictions on relations with Burma (Myanmar). These issues include whether Congress should reexamine U.S. policy toward Burma in general, what criteria are appropriate for analyzing the current situation in Burma, and whether it should make adjustments to current U.S. restrictions on relations with Burma. \nOn October 7, 2016, President Obama revoked several executive orders pertaining to sanctions on Burma, and waived restrictions required by Section 5(b) of the Tom Lantos Block Burmese JADE (Junta Anti-Democratic Efforts) Act of 2008 (P.L. 110-286) removing most of the economic restrictions on relations with Burma. On December 2, 2016, he issued Presidential Determination 2017-04, ending restrictions on U.S. assistance to Burma as provided by Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997. Various noneconomic restrictions, however, remain in effect, including bans on providing visas to certain Burmese nationals and other restrictions on U.S. assistance to Burma. \nBetween 1989 and 2008, Congress passed several laws placing political and economic sanctions on Burma\u2019s military junta as part of a policy to identify individuals responsible for repression in Burma and hold them accountable for their actions, foster the reestablishment of a democratically elected civilian government, and promote the protection of human rights. In 2011, Burma\u2019s military junta, known as the State Peace and Development Council (SPDC), transferred power to a mixed civilian/military government led by ex-SPDC Prime Minister General Thein Sein. Over the next five years, Congress and the Obama Administration waived or ended some of the sanctions on Burma, in part in response to reforms undertaken by the Thein Sein government. \nIn November 2015, Burma held nationwide parliamentary elections from which Aung San Suu Kyi\u2019s National League for Democracy (NLD) emerged as the party with an absolute majority in both chambers of Burma\u2019s Union Parliament. The NLD-led Union Parliament chose Htin Kyaw, a long-standing NLD member and close friend of Aung San Suu Kyi, as President. The new government subsequently appointed Aung San Suu Kyi to the newly created position of State Counselor, as well as Foreign Minister. \nWhile the NLD controls the Union Parliament and the executive branch, the Burmese military, also known as the Tatmadaw, continues to exercise significant power under provisions of Burma\u2019s 2008 constitution. For example, 25% of the seats in both chambers of the Union Parliament are military officers appointed by the Tatmadaw\u2019s Commander in Chief Senior General Min Aung Hlaing, creating a voting bloc that can prevent any changes in the constitution. In addition, the Tatmadaw is engaged in fighting with several ethnic armed organizations (EAOs) in a continuation of a nearly six-decade-old low-grade civil war, as well as allegedly engaging in serious human rights abuses in Rakhine State against Rohingya in response to an October 2016 attack on Tatmadaw posts along the Bangladesh border. As such, it is uncertain that the NLD-led government will have the ability to address its top priorities\u2014national reconciliation and peace; further democratic reforms; respect for human rights; and greater prosperity for the Burmese people. \nCongress will have various opportunities to weigh in on U.S. policy toward Burma, including what restrictions, if any, to include in such a policy. In recent years, Congress has restricted foreign assistance to Burma in annual appropriations acts; the 115th Congress may choose to continue that practice. In addition, Congress may consider whether to reexamine existing sanction laws on Burma in light of recent developments, to determine if it is time to amend, modify, replace, and/or repeal provisions in those laws.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44570", "sha1": "3746df1df13d70c70c68bd7d9969fc8aab1cc02b", "filename": "files/20170207_R44570_3746df1df13d70c70c68bd7d9969fc8aab1cc02b.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44570", "sha1": "43dc6eb2ce562e4c92aab9cbdf0c46f1f6ac69f7", "filename": "files/20170207_R44570_43dc6eb2ce562e4c92aab9cbdf0c46f1f6ac69f7.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4931, "name": "South & Southeast Asia" } ] }, { "source": "EveryCRSReport.com", "id": 454429, "date": "2016-07-22", "retrieved": "2016-10-17T19:42:18.508801", "title": "U.S. Restrictions on Relations with Burma", "summary": "Major changes in Burma\u2019s political situation have precipitated a broad discussion in Congress, the Obama Administration, and elsewhere about the appropriate role for U.S. restrictions on relations with Burma (Myanmar). These discussions are examining U.S. policy toward Burma in general, the appropriate framework for analyzing the current situation in Burma, and what adjustments to make on U.S. restrictions on relations with Burma. On May 17, 2016, President Obama continued the national emergency with respect to Burma to extend some of the restrictions, as well as renew past presidential waivers of other restrictions. In addition, on that same day, the State Department and Treasury Department announced some changes in the implementation of the existing restrictions.\nBetween 1989 and 2008, Congress passed several laws placing political and economic sanctions on Burma\u2019s military junta as part of a policy to foster the reestablishment of democratically-elected civilian government, promote the protection of human rights, and identify individuals responsible for repression in Burma and hold them accountable for their actions. In 2011, Burma\u2019s military junta, known as the State Peace and Development Council (SPDC) transferred power to a mixed civilian/military government led by the SPDC\u2019s ex-Prime Minister General Thein Sein. Over the next five years, Congress and the Obama Administration waived or ended some of the sanctions on Burma in part in response to political and economic reforms undertaken by the Thein Sein government. \nIn November 2015, Burma held nationwide parliamentary elections, from which Aung San Suu Kyi\u2019s political party, the National League for Democracy (NLD), emerged with an absolute majority in both chambers of Burma\u2019s Union Parliament. The NLD-led Union Parliament chose Htin Kyaw, a long-standing NLD member and close friend of Aung San Suu Kyi, as President. Aung San Suu Kyi was subsequently appointed to the newly-created position of State Counselor, as well as Foreign Minister. \nWhile the NLD controls the Union Parliament and the executive branch, the Burmese military, or Tatmadaw, continue to exercise significant power under the provisions of Burma\u2019s 2008 constitution. For example, 25% of the seats in both chambers of the Union Parliament are military officers appointed by the Tatmadaw\u2019s Commander in Chief Senior General Min Aung Hlaing, creating a voting bloc that can prevent any changes in the constitution. In addition, the Tatmadaw engages in active fighting with several ethnic armed organizations (EAOs) in a continuation of a nearly six decade-old low grade civil war. As such, it is uncertain if the NLD-led government will have the ability to address its top priorities\u2014national reconciliation and peace; further democratic reforms; respect for human rights; and greater prosperity for the Burmese people.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44570", "sha1": "8a1dcec8482248ad16cc05d6f5fde7cec9ea8f69", "filename": "files/20160722_R44570_8a1dcec8482248ad16cc05d6f5fde7cec9ea8f69.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44570", "sha1": "32540f8079176d98dc7860a779a9a8f7762faf4f", "filename": "files/20160722_R44570_32540f8079176d98dc7860a779a9a8f7762faf4f.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4931, "name": "South & Southeast Asia" } ] } ], "topics": [ "Asian Affairs", "Economic Policy", "Foreign Affairs", "Intelligence and National Security" ] }